Berman v. United States

PETITIONER: Berman
RESPONDENT: United States
LOCATION: Alabama State Capitol

DOCKET NO.: 245
DECIDED BY: Warren Court (1962-1965)
LOWER COURT: United States Court of Appeals for the Second Circuit

CITATION: 378 US 530 (1964)
ARGUED: Mar 26, 1964
DECIDED: Jun 22, 1964

Facts of the case

Question

Media for Berman v. United States

Audio Transcription for Oral Argument - March 26, 1964 in Berman v. United States

Earl Warren:

Number 245, Milton Berman, Petitioner, versus United States.

Bernard B. Polak:

Mr. Chief Justice --

Earl Warren:

Mr. Polak.

Bernard B. Polak:

Mr. Chief Justice, may it please the Court.

We have here an appeal or a putative appeal of a criminal defendant whom, through some type of error or negligence, did not get his notice of appeal filed within 10 calendar days after the judgments of conviction was pronounced in open court.

The judgment of conviction was pronounced on April 24 after 2 o'clock pm in the afternoon.

The written judgment and commitment was signed and was filed with the clerk of the Court the same day.

That day, a postcard was sent to counsel's office, my office.

We have a notation on that judgment which is in the original record.

The notation however, not being transcribed by the printer of the record that it was docketed as a judgment the following day, April 25th, which was a Thursday.

That docketing relates only to the civil aspects of this judgment.

It -- providing for a fine as well as a prison term and the docketing which was done the next day in the civil judgment docket was on a Thursday.

We do concede that we are concerned with the criminal appeal here rather than the civil appeal.

Earl Warren:

(Inaudible)

Bernard B. Polak:

That was a fine Your Honor.

Earl Warren:

(Inaudible)

Bernard B. Polak:

Well, that was because it was in the civil judgment docket.

It was a criminal judgment, Your Honor.

There's no --

Arthur J. Goldberg:

(Inaudible)

Bernard B. Polak:

That is correct, Your Honor.

Arthur J. Goldberg:

(Inaudible)

Bernard B. Polak:

All of the judgment was entered in the file of the criminal docket against this defendant on -- on or as of April 24.

On April 25th, it was entered in the docket of civil judgments as a judgment of the United States of America against the defendant for $10,000 or for the amount that he was fined herein.

Arthur J. Goldberg:

(Inaudible)

Bernard B. Polak:

That --

Arthur J. Goldberg:

(Inaudible)

Bernard B. Polak:

That appears in the original record here, Your Honor.

Now, if that docketing has a judgment on April 25th could be considered effective, then the 10 days from that would have expired on the Sunday and by the provisions of the roof of a computation of time would carry over to the following Monday.

This is one -- one point that can be noted from that notation on -- on the docket.